Culpable delay in construction contracts
Construction contracts generally allow the construction period to be extended where there is a delay that is not the contractor's fault. This is described as an extension of time (EOT). The contractor may (but is not necessarily) also be entitled to claim for loss and expense associated with the delay.
Culpable delay (sometimes referred to as 'contractor delay') on the other hand is a delay that is entirely the fault of the contractor. Where the contractor is culpable for a delay, they have no entitlement to an extension of time or loss and expense.
Where there is a culpable delay, the period of time after the contractual date for completion has passed is referred to as the period of contractor culpable delay, and during this period, the contractor will be liable to pay liquidated and ascertained damages (LAD's) to the client.
Concurrent delay refers to the complex situation where more than one event occurs at the same time, but where not all of those events enable the contractor to claim an extension of time. For more information, see Concurrent delay.
In Carillion Construction Ltd. v Woods Bagot Europe Ltd. and others [2016], the Technology and Construction Court (TCC) held that a subcontractor who had caused a delay, was also entitled to an extension of time and that this should run contiguously from the contractual completion date. This meant that the subcontractor’s period of culpable delay was extinguished, and they were no longer liable for their own delay.
[edit] Related articles on Designing Buildings Wiki
Featured articles
Check out some of the best features and news from Designing Buildings as well as key stories from around the web.
Bridging the gap between clients and contractors
Concerns remain around contractor quality, capability, and delivery.
Construction Management, 10 June.
Heat pumps beat boilers in new home tests.
Building Safety Act implementation in Wales
CIAT to host industry panel on 26 June.
New and updated CLC building safety guidance.
New UK National Buildings Database.
Building Safety Wiki Interviews
Chief executive of the British Woodworking Federation.
Planning condition discharge in England and Wales
A brief explanation from a building compliance expert, with further links.
Overheating guidance and tools for building designers
Guidance for dealing with element of building fabric control that have increasing importance.
Shading for housing, a design guide
From the Good Homes Alliance and British Blind and Shutter Association.
UK Standard Skills Classification (SSC)
A shared framework for describing skills needs.
Social media ban consultation comes to close
CIOB urges UK Government to consider social media’s role in careers guidance in ban debate.
















